LEGAL BASIS FOR PROPOSED ACTION: SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED, 49 U.S.C. SECTION 6901 ET. SEQ. IDENTITY OF DEFENDANT: REILLY TAR & CHEMICAL CORPORATION, 1510 MARKET SQUARE CENTER, INDIANAPOLIS, INDIANA 46204. ALLEGED VIOLATIONS: FROM NOVEMBER 9, 1985 TO THE PRESENT, REILLY TAR & CHEMICAL CORPORATION (REILLY) STORED AND/OR DISPOSED OF HAZARDOUS WASTE AT ITS FACILITY WITHOUT A PERMIT OR INTERIM STATUS, IN VIOLATION OF SECTION 3005(A) OF RCRA. THE INTERIM STATUS OF REILLY TERMINATED BY OPERATION OF LAW ON NOVEMBER 9, 1985 BECAUSE REILLY DID NOT CERTIFY THAT ITS FACILITY WAS IN COMPLIANCE WITH ALL APPLICABLE FINANCIAL RESPONSIBILITY AND GROUNDWATER REQUIREMENTS AS REQUIRED BY SECTION 3005(E)(2). IN ADDITION, REILLY DID NOT SUBMIT A CLOSURE PLAN BY NOVEMBER 23, 1985 (15 DAYS AFTER TERMINATION OF INTERIM STATUS) AS REQUIRED BY 40 C.F.R. 265.112(C). PROPOSED RELIEF: THE AGENCY SEEKS A PRELIMINARY INJUNC- TION AND A PERMANENT INJUNCTION WHICH WOULD PROHIBIT REILLY FROM STORING OR DISPOSING OF ANY WASTE AT ITS FACILITY AND WOULD REQUIRE REILLY TO CLOSE ITS WASTE PILE. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE ASSESSED AGAINST REILLY IN THE AMOUNT OF UP TO $25,000 PER DAY PURSUANT TO RCRA SECTION 3008(G). RECENT CONTACTS WITH DEFENDANT: THE